OVERLAND PARK MUNICIPAL COURT LAWYER
Covering a large geographical area extending as far south as 199th street and as far north as 47th street, Overland Park is the largest city in Johnson County and the second largest city in Kansas. Overland Park is surrounded by Kansas City, Prairie Village, Leawood, Lenexa, Mission, Roeland Park, Merriam, Loch Lloyd, Stilwell, Shawnee and Olathe.
Two criteria must be met for the Overland Park Municipal Court to hear a case: (1) the alleged violation must have occurred inside the city limits of Overland Park; and (2) the violation charged is a city ordinance violation. Examples of frequently charged city ordinance violations include DUI, driving on a suspended license, marijuana possession, trespass, theft, minor in possession, pet violations, telephone harassment and a multitude of other “code” violations. Generally, code violations deal with the maintenance and upkeep of Overland Park’s residence’s homes and businesses.
Since Overland Park contains many retail stores and retail shopping districts (including Oak Park Mall), a substantial amount of theft cases are brought in front of the Overland Park Municipal Court. Additionally, since there are a number of bar and entertainment areas in Overland Park, a fair amount of alcohol, drug and DUI related charges are brought in front of the municipal court.
Courthouse: Located one block east of Blue Valley Parkway and off of 123rd and Foster Street in south central Overland Park, the Overland Park Municipal Court is attached to the Overland Park Police Headquarters and encompasses most of the Sanders Justice Center. The Courthouse consists of two courtrooms (Courtrooms A and B) that could be both in use depending on the time and day. Courtroom A is the larger of the two courtrooms and has many seats for the public. Moreover, Courtroom A has a few video screens and is equipped with multimedia equipment for viewing evidence. On the other hand, Courtroom B is the smaller of the two courtrooms and has limited seating for the public. This courtroom is directly linked to various detention facilities in Johnson County by a multimedia set up. This multimedia set up is used so defendants can be seen on video without actually having to be brought to the courthouse.
The address of the Overland Park Municipal Court is: 12400 Foster Street Overland Park, KS 66213
Court Personnel
Judge: Two primary judges hear all of the cases in Overland Park Municipal Court. If the two primary judges are unavailable, several pro-tem judges can fill in. The court does not have the ability to have cases heard in front of a jury so only the judge hears the cases.
The Judges in Overland Park are: Judge Ryan Dixon (Presiding) and Judge Cindy Cornwell
Prosecutor: The city prosecutor’s office is the division of the Overland Park City Attorney’s office that prosecutes crimes. The office is located on the second floor of the courthouse in the Sanders Justice Center. Currently, Overland Park has three full-time prosecutors and one part-time prosecutor. It is the responsibility of the city prosecutor’s office to make charging decisions and prosecute alleged criminal acts. If the case is appealed, the city prosecutor follows the case to District Court.
The Chief Prosecutor in Overland Park is: Melissa Ruttan
Court Clerk: The court clerk’s office handles all of the administrative tasks of the Overland Park Municipal Court and occupies a large part of the first floor of the courthouse. Over twelve assistant court clerks work in the court clerk’s office and they keep the court’s schedule, accept money on behalf of the court, schedule meetings for the probation office and perform other essential functions for the court.
Court Security: Kansas courts require court security and Overland Park puts emphasis on court security and always has several security personnel on duty when court is in session. In addition to regulating the public while they are in court, court security transport defendants to and from custody facilities, run criminal background checks, monitor court patrons for warrants, check defendants into probation and process and maintain order in the court when the judge is not present.
Appealing from the Overland Park Municipal Court: Overland Park Municipal Court does not have the ability to provide a defendant with all the protections afforded by the United State’s Constitution because they are a court of limited jurisdiction. So, the Overland Park Municipal Court’s final decision is generally not the final word on any given case. Therefore, the defendant may appeal if he or she is not happy with the decision of the municipal court. Moreover, the defendant must appeal in a timely manner, which is defined as within 14 days of sentencing in a municipal court. The first step in the appeal process is filing a notice of appeal with the municipal court and paying an appeal bond.
Obtaining Discovery on an Overland Park Case: Every individual charged with a law violation in Overland Park is allowed to conduct discovery. Brady v. Maryland outlines the constitutional protections one is entitled to when it comes to discovery. According to Brady, an individual is entitled to view all evidence that the city intends to use against them at trial and all the evidence the city has or can reasonably obtain that tends to prove the individual did not commit the offense. In short, an individual can see all of the city’s evidence. In Overland Park, a defendant must follow a specific process to obtain discovery. This process includes going to the police station located in the Sanders Justice Center and filling out a form with the police records unit. Producing the evidence includes a small fee.
Overland Park Specific Information: Every court has their own rules and processes set in place with regards to different aspects of the court and Overland Park is no different. For example, Overland Park has authorized certain providers for drug and alcohol evaluations. Additionally, Overland Park has a specific provider they use for house arrest and a specific agency they use for anti-theft classes, anti-prostitution classes, CWIP programs and driving school.
What is the actual law in Overland Park? The law varies from jurisdiction to jurisdiction. Each city has their own laws and they may be slightly different than the State statute. Below are links to the actual text to some of the most commonly charged crimes in Overland Park.